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Hiotographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

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CIHM
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90

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6

NATIONAL LIBRABY
CANADA

BmuornEQUE wationale

NOlvTH 8JI0RE llAILWAY.

VIEWS OF THE CIFIEF EXGINEEK AS Tn niE TRUE COWRUC
T ON OF THE CONTRACT, WITH REFERENCE TO CH VNOING
THE LINE &c, DURING THE CONSTRUCTION OF THE ROAD.

OFHCE Ch' TH2 ENGINEER IN CHIEF,

Quebec, January 30th, 1875.

Mr. President :

Referring to the existing differences between
the Provincial Government, the Railway Company, and
the ontractor, m connection with all of which, the
Chief Engineer seems, by common consent, to have
been chosen Defendent or Respondent. And havin.
placed in your hands, a " Review " of the objections
raised by the Government to the character of the work •
also full replies fo all the charges and allegations made'
by the Contractor, with reference to my administia-
tion of the Engineer Department; and the whole ca^e

- VIEWS OF THE CfllEF ENGINEER

having very prwftd^a^Uii&n placed, by the Railway
Company, in theliancfs'&T Mr. Sandford Fleminj?, a Civil
Engineer of desd^ryedly-- high standing: in his profes-
hion, for the purpcR?e'of obtaining his counsel and advice,
as a guide in any future action which it may be neces-
Stiry to take in the matter; I desire, at the present time,,
to place on record some views of my own, with refer-
ence to a question which was, for the first time, raised
by the Contractor, in his communications to the Com-
pany, dated January 11th and loth, 1875; and subse-
quently raised by him in some questions which he sub-
mitted to Mr. Fleming on the 27th inst.

I refer particularly to the power of the Chief
Engineer, under the contract, and subject to the approval
of the Board of Directors, to revise the line, and grades
of the road ; together with the plans of structures ; and
also the " Schedule" upon which the monthly or progress
estimates are to be based, (it aiitj am/ all tinw,s, during
the construction of the road.

The following is a quotation from the Contractor's
letter of the 11th inst :

" Last summer's work of the Engineers on the
Montreal Division is useless, as the profiles on that part
of the line were made previous to my assuming the
contract, and formed part thereof. No change in that
location without my approcal and conaent, can take
place."

The following is an extract from my reply to the
above letter, under date of Jan. 13th 1875 :

" The re-location of the Montreal Division, during
last summer, was necessary ; and was approved of by the
Contractor, lor the purpose of improving the line, redu-
cing the cost of the work, and enabling us to perfect the

• , <

K

ON CHANGES DUKING CONSTRUCTIu.n . 3

land plans, preparatory to procnring the ri^lit of way.
The work done by the locating parties during the past
season, has resulted in a material improvement in the
line; and also in a saving to the Contractor in the cost
of construction, amounting to several thousand dollars
over and above the cost of the surveys."

In my reply of the 22nd inst., to the Contractors
subsequent letter to the Company, under date of Jany.
13th, 1875, the following remark is made upDn this
subject : —

" I have now reached a point in the Contractors
statement, which, in my opinion, is of far more impor-
tance to the Company, than any other which is contained
in his letter. This point is embodied in the language
which immediately follows the above quotation, to wit :

" What was proper then in the height and width of
embankments, cannot be different now ; and no change
from these profiles which form part of my contract with
you, can be changed loithoat mij censeiity Inasmuch as
the position assumed by the Contractor, in the above
extract, has no direct bearing upon the questions now
at issue between the Contractor and the Chief Engineer ;
and inasmuch as the vital principles of the contract are
invohed in the question, I beg leave to reserve what I
may think proper to say upon that subject, until another
and more fitting occasion."

An occasion of this kind presented itself, on the
evening of the 27th inst.. when Mr. Fleming, in the
presence of the President, several of the Directors, and
the Contractor, requested me to furnish him in writing,
on the following morning, with any remarks which I
might think proper to make respecting the questions
then submitted for his consideration by the Contractor,

VIEWS OF THE CHIEF ENGINEER

" Tlie Chief Engineer „,l,„i,s ti,„t ,,„ , ,

and volunta,-,I.v fu..„i,,l,o<l .l,e Contrnctor's offi o ?,h

copies „, ,„ap.,, profiles, plans, &e. co„necte,I with the

■ne, dunng their different stages „f adv.aneemen

towar s perieetion; but he does not admit tha hlsha

txtcnt, that they could not be changed or imnroved

lK.-earte,. ,,• deemed advisable, either^before the Z
ractp.. had entered upon the work, „r had made s," ,

p.ov, ,on „r ,ts execnti,u. ... would involve no est,-,
trouble and expense.

" The Chief Engineer is not aware however that

^^tJuLttf '"", "r f '"-''' '» 'y '■- Contkal
up to this date ; an,I also cl.iims that such changes have

resul ed very largely to the beneflt of the Co^'alr
KeteiTing moi-e particularly to the " Schedule •'
.pokenofintheCont.aetor's quesL, he Ch efE i-
neer refers to the p,-ovisio„s of the contract, as to his
power to revise and correct it Irom time to time d,°ri , "
the progi-ess of the work. "S aunug

the ""cm "f"? '■,!'"■' '° ""^ «^'' tl«>t *>>« last revision of

«.e Schedule was made with the Co„factor-s know-

edge and consent ; and that he h.. continued to recede

lns^pj-0g,.ess estimates under it, without pi-otest or com-

bv tbe'^rrr'l '':"'^"'"""^<"'™"d'>l«"er addressed
by the Chief Engineer to the Contractor on the lOtl,

■ >

%

ON CHANGES DURING CoNSTR rCTION. 5

October 1S74. together with a list of prices luniished by
him in reply thereto.

" The Chief Engineer further submits, that an exami-
nation of the Supplemental Contract will show, that the
present Contractor assumerlthe precise position of the
original Contractors, with a full knowled-e of cverv
expenditure that had been made upon the road, previou's
to the date of this assumption."

rearing that any attempt upon mv part to argue
this point farther at that time, might be misconstrued,
I w,ll now enter more fully upon the subject which, as
before stated, I consider 4)f far more importance to the
Railway Compaiiy, than any other which is now before
the Board of Directors.

Referring directly to the contract, it will be found
that the agcrregMte length of the main Line a^nl Piles
Branch shall not exceed one hundred and ninetv miles •"
and aiso " that the most direct and practicable^ route of
which the capabilities of the country will reasonably
admit shall be adopted, both for the Main Line and
liranch.

Referring also to the first clause ol the Specificati- us
for the Main Line, it will be found that the -Lntiar au>'.
Jenuun,l points only in the line are .fe<Z ; and that
the location of the line, and the arrangement of grades
between the /..V/./ and lenninal points, will be made
under the direction and superyisfon of the Engineer in
Chief and subject to the approyal of the Board of Direc-
tors ot said Company."

The foregoing being the only clauses in the con-
tract which bear upon the location of the line ; and there
being no time limited during which the location shall be
perfected, It has been assumed that the ordinary practice
in such cases, would be adhered to upon this road.

fi

VIEWS 01' TllK CHIEF E.N(JlXKKIf

In inv -Loport <.m Locution and Constfuction,- clate<l
"tl.()(-tolHM-, IS72, I proceed to oivo l.t. '^General
des.'npt,on of the route ;" a.ul .state that • - Tlie -le
H.nip.n^ in^ Map. showing (he general location and pro-
<ile ol the North Shore IJailway, drawn to a .c.le of '>]
""lestoaninch, will .serve to i//n.fn,fc the foregoin'
pneral description of the route. And the accon.panvinr.
loc.itK.n p]an.sand profiles of the diflerent sub-divisions
of the hue will. serve to llh.strale the details of location,
.'^o hir as relates to alinement, gradients, and the oeoera/
<nnrnder of the icoi-kr

llelerring in a subsequent part of the .same Report
to •' the h:>regoing general description of the route"!
«tatetln,t: .'lean therefore certify unhesitatingly,
to he Board of Directors, that the line now reco.nm (Tnd-
ed for approval, is, in the language of the contract, the
nu^tdn-ect and practicable route of which thecapabilitie.s
ot the country will rea.sonably admit,"

After thus committing myself to the "general route"
of ttie location recommended in that Report, I should
"ot have felt authorized, suUserjuently, to make any
materia departure from this general route, without the
approval of the Board of Directors; but, I hold, that the
provisions of the contract justify ; and that common
custom, upon eyery road that has been constructed, al-
ows the Chief Engineer to make any improvements in
tlie details, both of the location of the line, and the
arrangement of the grades, within the limits designated
for the general route, that in his opinion the permanency
and success of the work may render expedient ; and that
he may unquestionably do this, at any and all times;
either before the Contractor has entered upon the work ;
or before he has made such provision for its execution

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<»\ CirANGES Dl:i{|.\7M'(».\STHrcTl(>\. 7

iiHi.iiiv involve extra troiil.K' an.] expenno, as .stated in
niv ivniarks to Mv. Fleniin"

I will even -o a stq) liirther, and claim with ontitv
fonlidence, that if, aitor the Contractor has entcro.l
upon and partiallv completed any portimi of his work,
the Chief Kngiiieor hecomes satislied, either that the
J"ie or gradients, are not in the right position; or that
I'ls plans are in any respect defective or imi)erfect, he
not mily //a.s f/,e rlf/Zif „ui(e,' the nnitrn^t; hut it is his
impemticf, dnt,/ to make such changes, as in his opinion,
the good o( the work may re.juiro

Not only the universal custom, upon other similar
works, i.s relied upon, to sustain this theory ; hut tln^
following clauses from the specifications arc\-eferred to,
us bearing directly upon this branch of the subject :

" 2. Tlio term Enulneer, wlion used, oitliei- in the cont.Mct or spocifica-
tions, will ,n all casos refer to the Engineer in Chief of the North Shore
Uu.hvay, or to any subordinate Engineer, who, acting under instructions
trom the Engineer in Chief, may for the time being, have tlie direct
charge and supervision of tlie work particularly referred to

trnl Tf H '^' r" ''""'^ ''''•' '" '"'^ '"'"'' ^" ""'^°'" ^^"^ ^l'''«^t charge and con-
troloftheEngmeer; and his orders must be compliei with in everv ro-
spoct and under all circumstances, lie will have power, and it will i,e his
duty to reject or condemn, at any stage or condition of the work, all work
n^nship or material, which, in his opinion, may be imperfect or unsuTt".

:nu;e:^:;::tr" ""^^ '^ '"'"^^'^^^'^ ^^'•'•^^^^^^' ^'•-^'-«^' *«^^^

^ I admit however, thai ... doing this, he should, in
justice to the Contractor, indemnify him for any loss' in
work, materials or expenditure that he may have in-
curred, under the iUred OH of the E>uju>cer, by\eason of
such change ; which indemnity may readily be made
by reducing the required expenditure upon other and
less important items embraced in the contract.

To insist that in 1872, it was possible for the Chief
Engineer, with such engineering talent as he then mi^rht

s

VIEWS (.F TIfK rfliEF EX(J[\EEI?

I

Imppon fo find uvailnMo H,r tl.o purpose., to locate the
cMitiro lin..' from QuuIkh' to Montreal ho perleetlv thit
two ye .r.s afterwards, wIum. every be.ieli-niark, Jan-ent-
pomt and center-stake had eitlier l,.en reniovo.l oi« des-
troyed, an entirely new StafT..r Engineers, conld even
Hid the original line and stake-holes, seems of itself to
l)i' (luite unreasonable.

But when it is claimed, that in addition to this he
IS h>rever afterwards precluded from making any 'im-
provements in this line; or in the plans of structures
which he then may have deemed proper to anticipate .
or in the hastily prepared quantities which he then
.nay have computed, the idea, to my mind at least
seems to he perfectly i)reposteron8 '

In order to demonstrate :

1st. That the views above expressed were enter-
Uinod byme atthedate<.fthe original contract; and
while the work was m the liands of the Chicago Con-
tracting Company. °

upon by that Coiiipan;,- : and

Sd. That the present Contractor has fnlly concn-
i-ed in, and is now acting upon them ■

I will state, that at the reciiiest of the Cliicas.,
Contracting Company, i„ 1872, 1 prepared a fbrmo
sub-contract to be used by them, and which they 1 te '
wards printed, in v.hich wa. embodied the foilowin.
clause: " F.rst-The party of the second part herebv
agrees to procure and furnish tlie lands for right of wav-
together with all necessary extra widths foi-bor^^i g
pits, and waste or spoil banks, without unnecessary delav

thelonanon omeh,,e,an,l the e»M,l!sl„„e„t of the anuks .

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ON <'||.\.\(iKS Drin.Nfi (•(•\ST|,T(TIn.V.

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="i.l It IS MMitiiMllv Mgrcvd tl.Ml ,ocxln, rhurr will I,,

"'">'""< "'• 'tlloUV.l „M account u\- .s„rl, .l,„„,„: ;, f,,,,,;^^^,

or.vm^H tl.e prices luM-oin nunti.M.o 1 boin,. .onsid.ml
ns .///.o.,/...,s„//o;; (o, ,1., various kinds of work a.-n-od
to !)>' |)orloniu'(l."

Tho printtd Ibrui from which the lor...,,i,v.. is ,„

^'xtruct, was used b^Mh. Chicago (;,H.tractiM: (Wpanv
n.he.r sub-contract with Mr. HMlbnrt, for ^h- portion'
- the work near Quebec: and ihe same forni, .lit', f/n.s
';l<nise nnrhny.U,as hen, n.s.J h,, fl.r j>rrsrnf Co.frarfor
in a I h,s sub-contracts where the for.n couhl be n.ade
avaihible.

Iffurther evidence is wanted, I have but to refer
to tlie Contractor s letters to the Railwav Company • the
proceedings of' the Board of Directors ; ^nd the Reports
ol ho Ch.et Kngnieer,<luring the past year, in connection
with the h>cation of the line within and near the city of
Quebocin order to prove that the views, notonly of the
Contractor, but of the Railway Company, t.ave liereto-
fovebeen in full accord with the views of the Chief
-Cingmeer

If the Contractor has heretofore entertained his
present views, why has he not, during the past Fall
kid the track through King street, as described in niv
Report on location in October 10th, 1S72 ; and thence
onward through St. Sauveur, where the work was
actually commenced in 1872 ; and thus have given the
Company an earnest, not only of his present sinceritv ;
but of his intention to carry out his contract; instead V
waiting and complaining that the Chief Engineer and
the Company are keeping back his work, by their delav
in deciding upon the location of the line within and near
the City.

■:j

[0

VIEWS OF TlfK CillEF EXOIXEEU

, It was ill {iceonliiMce with the i>riiu'ii)Ie, .licrcMii de-
J^Muled, aiul whicli, in iiiv opinion pervadi's tlio entire
t-ontrac'tjtliat I clianged the h)cation ofthe line and -raden
iind inerea.sed the cost of constrnetion hetween the Ma.s-
kinonge and Chicot Kivers in IS?:], while the work was
"1 tho ha.ids ofthe Chicago Contractin,.^ ConiDanv.

It If

It has also been tlie goveniinii- principle in any
♦'l»HH-es that have been made dui-inn- the past year, since
tlie work has boen in the hands of the present Con-
t»-actor, whicii changes have, thns lar, resultetl greatly
to his adviintage.

it wa.-> also in accordance with this i)rinci[)le that
-Circular Xo. ->- dated Jnne i2th, 1SV4, was prepared
•• t^or the inlorniitioi and gui(hu,ce of the En,>nneer
Department and Contractor, with reference to certain
m^'tters which are left op.-n for tiie decision of the
iMigineer, in the General Specifications for the Main
i^nie ' from whicli the Ibllowing are extracts:

><i . ' u'-'i '"^''^''^''^ *"'■ <^''° construction and equipment of the Nortii
. lore liuilway, and tlie g«nenil specifications attache<l tlieroto, pmvi.le

Z^lr^^ ''f '"?.'" "'^ '•^'■^P^"*^' ^° ^'■'' ^' tl^« '"^^i" Ji»e between
•.Quebec and Montreal is concerned.

comnirT *"•:> "r*/'"' '''''' made a conditic.n precedent, which must be

vom . "'; , r-""'' ''''^''' "'*^ ^^''"'^^'^y ^"^''«I^''"y' «■■ tl^e Contractor,
ou d be entitled to receive the large amount of aid granted to the road

l^y thelrovmcial (iovernment. and the City of Quebec, rendered it un-
necessary to embody in the original specifications, all the details which
<c usually contained in the speciHcations for a first-class railway, and
many matters of importance were therefore left to the decision of the
■i^ngmeer, during the progress of the work.

" In view of the great importance of insuring aperfect understandina,
ana harmony of action, at the out- set, as well as uriformity in the char-
acter o work upon all portions of the line; and also for the purpose of
tacihtatuig the proper execution of the work, and of carrying out the true
spu'it and meaning of the contract and original speciHcations, the follow-
ing explanatory or detailed specifications have been prepared in relation to
the ditierent classes of work hereinafter referred to, so far as any contin-
gency connected therewith can now be foreseen and provided for,"

ON ClfANfiKS Dl'inXt; CoNSTIUXTK iX.

11

i

• 1 ho chamoter of the f.-iuiug and gates idong the houn.larv linos of
the Haihvay, as roganls the diirahility of the )iiateri lis of uhi<-h' they are
composed, and tlic style and worknimshii, of th..ir .■onstruction, m..st "ho
ully up to the standard of the ien.'ing and gates i„ genei.tl use upon tlie
(H'st-ohHS farms contiguous to th., Haihvay in tlie Parislies and Countio.s
through which the Haihvay p.sses."

" The minimum width of fwelre fecf as speeifiod for single track l.s
uitended to api>ly only to cases, botii in excavations and embankments
where the native material i. of sand or gravel, suitable for the reception
ol the superstructure without requiring ballast ; but wlie.i sucii is not the
case, the road bo<l wdl be l.^ft with a top widUi of fifteen feet at sub-'rade
so as to allow of one foot in .lepth of ballast, and alinishing width of twelve
feet at grade."

" Tlie finishing width of twelve feet, as above specified, is intended to
apply to the road bed after becoming fully settled, and after the slopes
liave become firmly tixe.l in position, so as to be free from the dangers of
scourmg, slides, etc. ; and the Engineer in charge mist make due allow-
ance, in extra mdths, for height of banks, character of material, and other
contingencies of this nature, during the proaress of the work."

'' The Engineer in .lircct cliargo of t..^ .vork will bear constantly in
inind the paramount necessity m tin. climate, of guarding against the
d uigers of obstructions from snow, in the future running of the road ; an,l
i'e wdl Ije expected to a<lopt every practicable expedient to obviat- this
(anger, both in the formation of earth works, ami in the borrowing and
disposition of material ; having in view also the future construction of snow
fences along the lino, at all expo.sed points."

" The (piestion of cross or lateral drainage will be made the subject of
special ol,scrvation an.l study by the Engineer in direct charge of the
^york ; and great care must be taken to adopt openings of sufficient sec-
tional area to pass the waters of the iiighest floods ever known, likely or
to occur in the locality. In cases of doubt, the decision should always be
upon the side of safety."

''The tovm First-class rubble masonri/; z:. used in paragraph 2, under
the head of Jf asomjv, in the General Specifications, is intended, so far as
regards strength, durability, general appearance, and proper adaptation
to secure work which shall be fully up to the standard for similar struc-
tures upon the Intercolonial, Grand Trunk, Great Western or any other
flrst-class Riilway in Canada.

The exception with reference to broken or irregular courses, in ex-
treme cases where the quarry will not afford stone of uniform thickness for
every course, must not bo construed in such a manner as to result in work
which shall be inferior in strength and durability, to ordinary first class
ranged work.

12

VIEWS OF THE CHIEF E\(iINEEl{

Tho following fxtiact fVum tlie l^ptcifmtioiis fur the Intercolonial Rail-
urn/ is given as a guitlo to tho Engineer in charge, Contractors and
Inspectors, with reference to tiie general character and details of this
class of work in the more important strncturos upon this road :"

" Shonld coiitingoncie;* occur during the progress of the work, which
have not been referred to, or provided ibr, in the ahovi', they will be
immediately reported to the office of the Engineer- in-Chief for further
information and instructions."

Tlu' sunu' ])riiu'i|)L' was also strictly adhered t , in
the preparation of the '• Detailed Speciljcatioiis for
toiindatio.is ii) (h'(>p water:'" tVotn wliieh the tbllowiiiii-
arc extracts :

(iEXEUAr, Descuu'tiox.

" In cases where solid Rock is not easily attainable, it is proposed to
furnish substantial and durable foundations for bridge masonry in deep
water, by means of a fow;K/.s//c .vih-sfnidnre, to be formed of piles, sur-
rounded by a rough, strong crib work, filled with stone.

It is intended that the entire weight of the masonry, and bridge
superstructure shall bo supported by the bearing piles ; and 'that the cHb
shall keep the piles firmly in position ; and at the same time, protect them
from the ettect of scouring or undermining, by reason of the action of the
current upon the bed of the stream.

The following method of construction will be adopted, subject to such
modifications as may, from time to time, be directed or approved by the
Engineer, during the progress of the work."

FUKTIIER PltOTECTION".

" After the platform has been securely anchored in its place upon the
piles, such furtlier protection, or guard piles, shall be driven ; and such
additional connections, fastenings and finish shall be put upon the top,
and outer side of the crib work, including brush and rip-rap around the
bottom, as may be required by the Engineer, for the purpose of protecting
it thoroughly from the injurious action of the water, ice, or any other
clanger to which the foundation may become exposed.'"

Believing, ns I do. that the fbregoiiig quotations
are in full accord with the spirit of the contract; and
that they are therefore as binding upon both parties to
the cor. tract, as tho General Specifications attached
thereto, the same principle, it properly applied may, in
my, opinion, also be made to remedy the most, if not all
of the objections, which have recentlv been raised bv

ON ClfAXGES DURIXd (;< (NSTRIKJTION.

1;

the Provincial (V nmcnt, either as to tiie hei-^l.t and
widthof earth-w, K.; or to the phin« for mechanical
.structures upon the line, in cane it shouhK be tbun.l
necessary or expedient to do .so, for the purpose of secu-
ring the promised aid from the Government for the
construction of the Road.

Believing, however, as I sincerely do, that this
important enterprise is now passing through an ordeal
upon the result of which will depend, either its speedv
completion, upon the basis of the present contract, plants
and profiles ; or its speedy death and burial, beyond the
hope of any immediate resurrection, I have to the best
of my ability, and in good iaith to the Railway Company
and the Contractor, endeavored, up to the present time,
to combat this idea; and to show that the true policv of
all parties interested, is to complete the road, as soon
and as perfectly as possible, upon tiie location, gradients
and plans heretofore approved by the Government,
through its Directors; and also by the Railway Com-
pany, and the present Contractor.

With reference to the " Schedule," upon the infalli-
hihUj of which the Contractor seems to have placed so
much reliance, I have only to remark, in addition to
what IS contained in the "Remarks" submitted to Mr.
Fleeming, that, if the foregoing theory, as to the power
of the Chief Engineer to change the line, gradients,
plans of structures, &c., is admitted, it must also be
admitted that he has the same power to change his
"Schedule" of quantities, at any and all times, when
the changes in the line, gradients, plans, &c., may, in
his opinion render it necessary, in order that it may
represent, as nearly as possible, what it was evidently
intended to represent by the provisions of the contract.

14

VIEWS UF THE CiflEF' EN'(JIXEEH

In pursuance of tliis ulcti, tlie iollowing form of
c.'rtilifiite has been attached to every "■ Schedule" that
lias been prepared in this office :

•' I hereby certify tliat the above is ii correct sche-
dule jf the cash aud relative contract values of the
diflerent classes and items of expenditure required to
construct and ecjuip the Alain Line of the North Shore
Railway inider the contracts dated (&c. &c.,) so far as
the same can be ascrtained from existiiuj ilata. The
same being subject to future revision aw f correct ion r

The facts, that the Railway Company has to obtain
the approval, by the Dominion Government, of the
location and plans of the most important and expensive
structures upon the Road ; and tliat this approval has
not in all cases yet been obtained, are of themselves
sufficient evidence of the entire impracticability of
either preparing a perfect - Schedule" ; or of fixing the
precise location of the line, even at the present time.

I beg leave to submit further, in connection with
this whole subject, that there are no profiles, either
referred to in, or attached to the original or supplemen-
tal contracts, and farming part thereof, as claimed by the
Contractor.

The only profiles ever referred to, in this connec-
tion, were mentioned, is having been examined by
the original Contractors, in their first proposition for
constructing the road, which proposition, as subsequently
modified, forms the basis of the present contract.

These were the old profiles of the line, as run twenty
years ago ; and the quantities based upon them, which
were also shown to the original Contractors, exceeded
very largely the quantities based upon the present
profiles ; although 1 am very sorry to say, the grade line

4»

(-)N CIFAXGES DURING CONSTRUCTUtX.

15

4»

i

in many places, and ovor large diHtances, was laid quite
as near the natural surface of the ground, as it is upon
the present ])roliles.

I have cai-efiilly pre-erved these profiles, in case
they should be wanted lor future reference.

I also beg leave .o submit, that the voluntary and
unsolicited assumption of the original contract, by the
present Contractor, involved inerely a change in the name
of the '' party oi the first part," so far as the Railway
Company and their Chief Engineer were concerned ; and
that it did not involve a change in the legal status of the
parties, as claimed by the Contractor.

Therefore, whatever information the present Con-
tractor may have afterwards found in the office of the
original Contractors, could have possessed no greater
significance or value to him, than it had previously pos.
sessed to the original Contractors

Furthermore, I have occasion to know, that the
present Contractor considered everything which he
happened to find in the Contractor's office, after his
assumption of the contract, of so little importance and
value to himself, that he even allowed the original Con-
tractors to take with them, out ot the country, all of the
accounts and vouchers for the expenditures which they
had previously made on account of the contract.

In view of tlie great importance to the Railway
Company, of the questions herein discussed ; as well as
others which are now pending with the Government
and the Contractor, I would respectfully, but earnest-
ly recommend that the Com^^any take the measures
necessary to ascertain its legal position and rights under
the contract, at the earliest possible day.

I have only to add, in conclusion, that when it is

10

VIEWS (IF THE CHIEF ENUINEEU

considered that tlie Contractor, who has undcM'taken to
t'xocntc the contract, understands its most important
provisions in a manner so (liametrically opposite to the
understanding of the Chief Engineer, who j)repared the
contract and specifications ; and whose duty it is to see
that they are properly executed, it is not at all strange
that tre(|uent and serious collisions should have occurred
between these parties, during the progress of the work.
In fact, I think it may be regarded as almost wonderful
that, under such a state of things, any material progress
has hitherto been made in the work.

[f the present discussion of these subjects, and their
reference to an enlightened and disinterested Engineer,
shall bring al)out a union of sentiment and purpose that
shall result in a united eftbrt to secure the speedy and
proper completion of the Road, the sincere friends of the
enterprise will certainly have no cause to regret that
the discussion has taken place; unless it shall unfor-
tunately be found to have blasted the enterprise, in the
eyes of capitalists, to such an extent, that they will
refuse to invest their money in the securities ol the
Company; and thus secure the final abandonment of the
road, to the fullest extent that has heretofore been
predicted by its most open and violent enemies.

Respectfully submitted,

SILAS SEYMOUR,

Engineer in Chief.

To TiiK Presidext and Dihectors.